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Supreme Court set to hear arguments over Trump’s eligibility for 2024 ballot

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Washington — The Supreme Court is set to convene Thursday for oral arguments over whether former President Donald Trump is eligible for a second term in the White House, a dispute that puts the nine justices into new legal territory and could have sweeping implications for the 2024 presidential race.

The case before the high court, known as Trump v. Anderson, involves whether Trump is disqualified from holding the presidency again because of his conduct surrounding the Jan. 6, 2021, assault on the U.S. Capitol. The outcome is expected to reverberate across all 50 states, since it could clarify whether Trump can be included on the primary and general election ballots. 

Oral arguments are set to begin shortly after 10:30 a.m. and audio will be live-streamed in the player at the top of this page. Eighty minutes are allotted, though the proceedings are expected to last longer. Jonathan Mitchell, a Texas-based attorney, is arguing on behalf of Trump, and Jason Murray, who practices in Denver, is appearing for the six Colorado voters who challenged Trump’s eligibility. Colorado Solicitor General Shannon Stevenson will also argue for Secretary of State Jena Griswold.

The Colorado Trump lawsuit

The battle arose out of the lawsuit the Colorado voters filed in the fall, which invoked a rarely used provision of a constitutional amendment passed in 1868 that was designed to keep former Confederates from holding public office.

Known as the insurrection clause, Section 3 of the 14th Amendment had never in the nation’s history been used to disqualify a presidential candidate. But in December, the Colorado Supreme Court issued a landmark decision concluding that Trump was barred from holding office because of his actions surrounding Jan. 6. The court, which divided 4-3, ordered his name to be withheld from the state’s GOP presidential primary ballot.

The decision led to the high-stakes legal battle now before the Supreme Court, which has a 6-3 conservative majority and includes three justices appointed by Trump himself. The case presents a number of untested legal questions for the justices to consider and propels the nation’s highest court into a politically fraught dispute just as millions of voters prepare to cast their ballots for the 2024 presidential election.

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People wait outside the Supreme Court early on Feb. 8, 2024, in hopes of hearing arguments over former President Donald Trump’s eligibility for a second term.

Bob Kovach / CBS News


Trump has already won the first two contests in the Republican presidential primary, in Iowa and New Hampshire. In Colorado, ballots listing his name have been printed ahead of its March 5 primary, when more than a dozen states also hold their GOP primaries.

It has been more than two decades since the Supreme Court has been so centrally involved in a presidential election — its ruling in the case Bush v. Gore effectively decided the 2000 race for Republican George W. Bush, and the decision left the high court mired in political controversy. Justice Clarence Thomas is the only member who was on the court then and remains today.

Why are Colorado voters challenging Trump’s ballot eligibility?

The case before the Supreme Court was brought by the group Citizens for Responsibility and Ethics in Washington on behalf of four Republican and two unaffiliated voters in Colorado in September 2023. The voters argued that Trump is ineligible from holding the presidency under Section 3 and should be excluded from the Colorado primary and general election ballots.

The provision bars an individual who swore an oath to support the Constitution and then engaged in insurrection against it from holding federal or state office. The voters claimed that Trump instigated the Jan. 6 attack as part of his efforts to subvert the transfer of presidential power after the 2020 election, and therefore is disqualified from holding public office.

After a five-day trial in Denver, a state court judge found that Trump engaged in insurrection through incitement, but ordered his name to be listed on Colorado’s GOP primary ballot after determining that Section 3 does not apply to the presidency and the former president.

The voters and Trump appealed the decision to the Colorado Supreme Court, composed of seven justices appointed by Democratic governors. The state’s highest court issued a 4-3 decision in December reversing the district court’s reasoning about the scope of Section 3 and concluding that Trump is ineligible for the White House. Though the Colorado Supreme Court said Trump’s name cannot be listed on the primary ballot, it paused its decision to allow him to appeal to the nation’s highest court.

On the heels of the Colorado ruling, the secretary of state in Maine determined that Trump is barred from holding office and should be excluded from the primary ballot. A state court, though, paused that decision and ordered the secretary to reconsider her finding once the Supreme Court rules.

The Trump Supreme Court case

The Supreme Court will consider whether the Colorado court was wrong to order Trump excluded from the ballot, and his lawyers have raised a number of issues for the justices to weigh: whether Section 3 applies to Trump as a former president; whether he engaged in insurrection; and whether state and federal courts can even enforce the provision without legislation from Congress. 

Trump’s legal team also argues that the provision cannot be used to deny him access to the ballot because it prohibits a person only from holding office, not running as a candidate or winning election.

A majority of the justices need to side with the former president on any one of these matters for him to prevail.

“The court should put a swift and decisive end to these ballot-disqualification efforts, which threaten to disenfranchise tens of millions of Americans and which promise to unleash chaos and bedlam if other state courts and state officials follow Colorado’s lead and exclude the likely Republican presidential nominee from their ballots,” his lawyers told the justices in their opening brief.

The voters, though, are urging the Supreme Court to uphold the Colorado ruling, arguing that Trump betrayed his oath to preserve, protect and defend the Constitution by inciting a violent mob to attack the Capitol in an attempt to stop the counting of electoral votes cast against him.

“The thrust of Trump’s position is less legal than it is political. He not-so-subtly threatens ‘bedlam’ if he is not on the ballot. But we already saw the ‘bedlam’ Trump unleashed when he was on the ballot and lost,” their lawyers wrote. “Section 3 is designed precisely to avoid giving oath-breaking insurrectionists like Trump the power to unleash such mayhem again.”

The voters warned the Supreme Court against waiting until after the November election to determine Trump’s eligibility, and said a decision finding that Section 3 cannot be used at this stage would be “disastrous.”

“To say that resolving Trump’s eligibility must wait until tens of millions of Americans have voted would be a recipe for mass disenfranchisement, constitutional crisis, and the very ‘bedlam’ Trump threatens,” their lawyers wrote.

It’s unclear how quickly the justices will issue their decision, though all parties have urged them to rule on Trump’s eligibility swiftly.



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Transcript: H.R. McMaster, former National Security Adviser, on “Face the Nation with Margaret Brennan,” Sept. 29, 2024

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The following is a transcript of an interview with H.R. McMaster, CBS News contributor and former National Security Adviser, on “Face the Nation with Margaret Brennan” that aired on Sept. 29, 2024.


ROBERT COSTA: We’re joined now by retired Lieutenant General H.R. McMaster. He did serve as National Security Advisor in the Trump administration, but he has not endorsed either candidate in the presidential race this time around. He’s also a CBS News contributor and the author of a new book, “At War With Ourselves.” Good morning, General, thanks for being here. 

LT. GENERAL H.R. MCMASTER: Robert, great to be with you.

ROBERT COSTA: You just heard from retired General McChrystal. He has made an endorsement. You have not. Why not?

LT. GENERAL H.R. MCMASTER: Well, Robert, I respect his- you know, his ability to make that decision and right to make that decision. But what concerns me these days is the military is getting drug in to partisan politics, and you hear really both parties trying to involve the military. Now, of course, General McChrystal is endorsing Vice President Harris as an individual, but I think sometimes it’s difficult to differentiate between an individual endorsement and the military getting drug into partisan politics, right? You hear- you hear this narrative these days, you know, from some people on the far right, that the military is woke, or from the far left that the military is extremist. Hey, the military is not woke or extremist, right? The military is doing its duties under the Constitution and for whoever’s elected commander in chief. So that’s been a big part of my reticence. And then the other role is, I think, Robert, I mean, the other reason is, I don’t think anybody needs me to tell them how to vote, right? In the book and in other venues, I lay all- all of it out, right, the good, the bad, the ugly, you know, of- of the Trump administration. But I do so in context of the eight Obama years that followed it and the four- that preceded it, and the four Biden years that followed it. So I think voters should make their own decisions, and what I’ve tried to do is help inform voters, no matter what their- which way they’re leaning.

ROBERT COSTA: Let’s turn to the Middle East. What’s your view? You heard from Senator Cotton, you heard from General McChrystal. How do you see a possible war on the horizon, if any, between Israel and Iran? Or is there something that can be done, especially by the United States, to contain what is happening?

LT. GENERAL H.R. MCMASTER: Robert, I would say there already is a war between Israel and Iran, and it’s a- it’s a war that Iran has been waging for four plus decades. Nasrallah, who was there at the beginning of Hezbollah, who was there when they killed 241 Marines in- in Beirut, and began a campaign against not only who Nasrallah called the cancerous boil of Israel, but the great Satan of the United States. And Nasrallah, remember what his catchphrase was at the end of like, almost- many of the speeches that he gave, which was, the Jews are vulnerable because they love life. We can take that away from them. We will win, because they love life and we love death. And so the Israelis have had, really, no choice. Remember, right after the heinous attacks of October 7, that’s when Hezbollah launched rockets at Israel in solidarity with- with Hamas. That resulted in the evacuation of 10% of Israel’s territory. About 70,000 Israelis are out of their homes. And so I think Israel is taking the right approach to escalate against an enemy who’s been able to escalate, really, on their own terms, with impunity. And I think increasingly the United States has to act like we know what the return address is, in Iran. Now’s the time to double down on the pressure on Iran, to dry up the cash flow available–

ROBERT COSTA: What does that mean, though? Just in terms of financial action, or do you expect there might need to be a U.S. military role down the line for the United States in the Middle East?

LT. GENERAL H.R. MCMASTER: Well, there already is- is a military role–

ROBERT COSTA: In terms of ground troops or air strikes?

LT. GENERAL H.R. MCMASTER: Well, I think- I think both- all of this should be kind of on the table. And I think we should act like we know where those rockets are coming from, the 150,000 rockets that Hezbollah has pointed at Israel, the 40,000 or so members of Iran’s proxy army in Syria, the Palestinians, along with Jihad and Hamas in the West Bank, what remains of Hamas in Gaza, those were all trained, equipped, supplied by Iran, to create this ring of fire around Israel, and to destroy Israel and kill all the Jews. The precursor to that is to act against us. Robert, 175 attacks against U.S. forces and U.S. installations by Iranian proxies since October 8 of last year.

ROBERT COSTA: General, you say the United States and Israel should be in lockstep, or at least aligned, as they move forward. But the Pentagon has said, the Biden administration has said, they were not informed about these attacks ahead of time. So what does that say about the real state of play between Israel and the United States?

LT. GENERAL H.R. MCMASTER: I think what Israel has determined is that it had to protect its security and secrecy around this operation. If you think about the blows that they delivered to Hezbollah in the- in the past week, 10 days, it’s really unprecedented, you know, killing so many of them, winning so many with the beepers and then the walkie talkies, and then when they couldn’t talk securely, they met at a location in Beirut, struck that target. So, Nasrallah has- has been taken out, but so has all the cadre around him. These are decades long of relationships and knowledge, and so I think now is the time to put on the financial sanctions. Why did the Biden administration not enforce the Trump era sanctions against Iran, and allowed about $100 billion to flow to that theocratic dictatorship? Now’s the time to reverse that policy.

ROBERT COSTA: So that- Israel has taken out military targets. Lebanon is saying that many civilians have been killed. What should the U.S. do in terms of protecting civilian deaths moving forward, talking to Israel about that issue, what needs to be done on the civilian front?

LT. GENERAL H.R. MCMASTER: Well, what you want is, you need firepower to overwhelm this enemy, but you also want to apply that firepower with- with discrimination.

ROBERT COSTA: Is that being done?

LT. GENERAL H.R. MCMASTER: Well, it depends on the calculus at the time. Remember, the bunker in which Nas- Nasrallah was killed was underground, several stories underground, underneath where? An apartment complex. And so it’s Hezbollah. Remember, he said, we love death. Remember what Hamas leadership said just before the October 7 attacks? The purpose, one of the purposes, of that attack, was to get some of their own people killed so they could use that against Israel. So it’s really important, I think, at this stage, to continue to impress on the Israelis, apply firepower with discrimination, but also to recognize that these terrorist organizations are the principal causes for the violence and destitution and the suffering of the people in Gaza and the people in Lebanon. Look at the great promise of Lebanon. It’s a beautiful country. Look at what Hezbollah has done to that country, with their alliance with the Syrians in the 2000s, remember, we had the Cedar Revolution in 2006 after Hariri’s assassination. I mean, the Lebanese people are destitute, in large measure because of Hezbollah.

ROBERT COSTA: And just finally here, former President Donald Trump, who you know well, he met with President Zelenskyy in recent days. He keeps talking about being able to broker something between Zelenskyy and Putin. Do you buy it?

LT. GENERAL H.R. MCMASTER: You know, I don’t really buy it in terms of, you know, hey, in 24 hours, it can be- I think it’s a real- it’s a real myth, right? It’s a real misunderstanding of war to assume that you can get a favorable political outcome without a favorable military outcome. That’s never really happened in war. And so I think the right course of action is, if you want to accelerate toward progress, toward a settlement, is to convince Putin that he’s losing the war. I think that’s the only way you get a favorable settlement. How do you do that? You demonstrate our resolve to continue to support the Ukrainians as they defend themselves against this continued onslaught by the Russians. That’s how you get to, maybe, favorable conditions for negotiation.

ROBERT COSTA: General McMaster, we appreciate you coming on “Face The Nation.” Hope you come again. Thank you very much.

LT. GENERAL H.R. MCMASTER: Thank you. 

ROBERT COSTA: And we’ll be back in a moment. 



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Open: This is “Face the Nation with Margaret Brennan,” Sept. 29, 2024

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Open: This is “Face the Nation with Margaret Brennan,” Sept. 29, 2024 – CBS News


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This week on “Face the Nation with Margaret Brennan,” Robert Costa speaks to FEMA administrator Deanne Criswell as storm Helene wreaks havoc throughout the southeastern U.S. Plus, former Maryland Gov. Larry Hogan on the 2024 presidential race.

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Transcript: Sen. Tom Cotton on “Face the Nation with Margaret Brennan,” Sept. 29, 2024

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The following is a transcript of an interview with Sen. Tom Cotton, Republican of Arkansas, on “Face the Nation with Margaret Brennan” that aired on Sept. 29, 2024.


ROBERT COSTA: We are joined now by Senator Tom Cotton, an Arkansas Republican. He sits on the Senate Armed Services and Intelligence committees. Good morning, Senator. We appreciate you being here. What’s next? Senator Cotton, do you believe there will be an expanded war between Israel and Iran on the horizon? 

SEN. TOM COTTON: Well Bob, I’m not sure that Israel is expanding the war so much as it is trying to end the war, I think it’s important to stress just sort of huge blow the last two weeks have been against Hezbollah. Iran is behind all of these terror networks, but Hezbollah is its most potent weapon. Hezbollah has over 100,000 rockets and missiles and mortars aimed at Israel. Iran has used that threat to deter Israel for years, going back probably 20 years or so, and now that Israel has absolutely devastated the entire leadership structure of Hezbollah, whether it’s at the attacks that came just late last week, killing not only Hassan Nasrallah and all the other leaders, or some of their other actions, or hitting their weapons depots and manufacturing sites in Syria. Now is not the time for a ceasefire or to de-escalate, as Joe Biden and Kamala Harris want. Hezbollah is on its knees. The United States should help Israel drive Hezbollah to the mat and choke it out and finish it off once and for all. That means for the first time in decades, Iran would be exposed on its flanks with no terror proxy capable- capable of devastating Israel or our troops and our friends in the region. That’s what we should do. Not demand that we have a cease fire. De-escalate at a time when Israel is trying to win. We should let Israel win.

ROBERT COSTA: Senator Cotton, when you say, drive Hezbollah to the mat, would that mean a ground invasion of Lebanon by Israel? And would you support that kind of incursion?

SEN. COTTON: If that’s what Israel needs to do to eliminate the remnants of Hezbollah’s leadership and its arsenal, then yes, of course. Again, Hezbollah had over 100,00 missiles and rockets and mortars. Now a lot of those have probably already been destroyed. Israel needs to destroy all of them. A lot of Hezbollah’s leadership has been destroyed as well. This guy that y’all just cited there, maybe he’s the leader, I don’t know who’s in charge of Hezbollah. I’m not sure anyone else does either. It’s probably someone who wasn’t important enough to have a beeper or a walkie talkie as recently as two weeks ago. But all of Hezbollah’s leadership needs to be eliminated, just like all of its arsenal needs to be eliminated, just like the United States needs to be much more forceful in attacking Iran’s terror army in Yemen, where Joe Biden and Kamala Harris have had our sailors resting like sitting ducks in the Red Sea for months. When we finish mopping up all of these terrorist proxies, that means Iran, once again, is totally exposed. It no longer can threaten Israel and the United States and our friends throughout the region. That’s why we need to back Israel to the hilt and let Israel win, rather than continue to make these feckless demands for ceasefires and de-escalation that Kamala Harris and Joe Biden have been doing for a year now. 

ROBERT COSTA: You sit on the Senate Intelligence Committee. Is there an alarm sounding in your ranks about any potential threats to Americans in the Middle East or to US targets at this point? 

SEN. COTTON: Well, from the minute Joe Biden and Kamala Harris got to the White House, there’ve been threats to Americans. Iran and its proxies have attacked our troops over 100 times– 

ROBERT COSTA: – but in the wake of this latest news–- 

SEN. COTTON: — and we barely ever struck back. There’s been continued attacks on us again, just like we should support Israel in striking back against these terrorists, we should be striking back harder again. But that’s not Kamala Harris and Joe Biden’s policy. From the very beginning, they’ve appeased and conciliated the Ayatollahs. Kamala Harris, for instance, opposed Donald Trump’s strike that killed Iran’s terrorist mastermind in 2020. Over the last four years, they’ve given away tens of billions of dollars in sanctions relief. They’ve looked the other way as Iran violates sanctions. They’ve continually put more pressure on Israel than they put on Iran’s terrorist proxy. That’s why Kamala Harris is the Ayatollah’s handpicked candidate, and while the ayatollahs are hacking into Donald Trump’s campaign and trying to kill him.

ROBERT COSTA: Turning to Ukraine, former President Donald Trump- you’re a big supporter of his. He met with President Zelensky in recent days in New York. He talked about a potential deal to end the war. What kind of deal would that be? How would it exactly look? You’re close to Trump and this process. 

SEN. COTTON: Well, he hasn’t been specific, and I think that’s for a reason. One, he doesn’t know what the world is going to look like in another three months when he takes office. He doesn’t know how much more Joe Biden Kamala Harris might screw things up. But here’s what we do know, this never would have happened on Donald Trump’s watch because it didn’t happen on Donald Trump’s watch. Vladimir Putin has invaded Ukraine twice, both times with Joe Biden in the White House. First as Barack Obama’s understudy, second with Kamala Harris in the White House with him. That came just a few months after the disastrous collapse in Afghanistan. Those things are not unrelated. When you project weakness, as Kamala Harris and Joe Biden have, and you suggest to your enemies that they can push you around and walk all over you, you get the kind of conflicts we see in Europe and that we see in Israel, and you get the chaos we see at our southern border. Bob- the administration-  Bob the administration, just acknowledged– 

ROBERT COSTA: I know- I know- on Ukraine for a second. Just pause on this for a second, Senator. Senator Vance, who’s going to be at the vice presidential debate on Tuesday, hosted by CBS News. He’s talked about on a recent podcast a demilitarized zone as a part of a potential peace deal between Ukraine and Russia. He said it could look like something like the current line of demarcation between Russia and Ukraine that becomes a demilitarized zone, heavily fortified so the Russians don’t invade again. The details matter here. Would a demilitarized zone be something as part of a peace deal that you would be comfortable with as a Republican senator? 

SEN. COTTON: The details do matter. But Donald Trump has said he’s not going to negotiate against himself or against Ukraine in advance. Once he takes office, that’s the time to start hammering out the details in private and to make sure that something like this can’t happen again, which didn’t happen when he was president after the first invasion of Ukraine. But again, I just want to say the chaos that Joe Biden and Kamala Harris have unleashed across this world, isn’t limited to the other side of the world. It happens right here. The administration just acknowledged that they released more than 13,000 convicted murderers who illegally entered this country. More than 15,000 convicted sex offenders. That’s 28,000 rapists and murderers who illegally entered our country who Kamala Harris and Joe Biden have let roam our streets. That’s the kind of chaos that they have unleashed for the last four years, and that Donald Trump will put an end to. 

ROBERT COSTA: You’re confronting the Democrats here on this show. You’re bringing up all of your different arguments. Former President Trump, even though there are just a few weeks left in the campaign, has so far said he does not want to participate in another debate with Vice President Harris. Is that a mistake? Do the American people deserve to hear more from former President Trump and the Vice President about their views? 

SEN. COTTON: Well, I think they deserve to hear a lot more from Kamala Harris, because she’s been lying to them for the last three months. If you look at her record– 

ROBERT COSTA: — So why not debate again? — 

SEN. COTTON: — she’s been trying to run. She’s been trying to run away from it from the very moment she took the nomination from Joe Biden. She wants to ban gas powered cars. She wants to give reparations based on race. She wants to ban fracking. She wants to take away private health insurance on the job. These are not positions that she took as a teenager in high school. These are positions she took as a 54 year old woman running for president in her own right. That’s the true Kamala Harris, a weak, dangerous San Francisco liberal. Kamala Harris is the one who owes the American people a lot more answers. Donald Trump can simply point at his record and say, for four years when I was president, we had peace, prosperity, a secure border, and we were respected around the world. That’s what the American people remember. That’s what they’re going to get when they elect him again to the White House. 

ROBERT COSTA: But should Trump debate again?

COTTON: There’s no- he’s already debated twice, and JD is going to debate Tim, and he’s going to do a great job telling his story and pointing out what a radical record Kamala Harris and Tim Walz. Have the American people know what Donald Trump will do in office. Kamala Harris is still trying to fool them.

ROBERT COSTA: Senator Tom Cotton, Republican of Arkansas, thanks for being here on Face the Nation. We appreciate it, and we will be back in one minute. Stay with us.



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